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Central City lifts prohibition of marijuana product manufacturers

Mindy Leary
Posted 5/28/23

[caption id="attachment_100000" align="alignleft" width="300"] Ethical provisions: City Attorney Marcus McCaskin elucidates on the Code of Ethics when allowing a council member to be involved with a

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Central City lifts prohibition of marijuana product manufacturers

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Ethical provisions City Attorney Marcus McCaskin elucidates on the Code of Ethics when allowing a council member to be involved with a public contract, saying that there must be a competitive bid process. Alderman Aiken’s rockwall construction company bid the lowest and will contract with the City to repair a failing rockwall. PHOTO BY MINDY LEARY Ethical provisions: City Attorney Marcus McCaskin elucidates on the Code of Ethics when allowing a council member to be involved with a public contract, saying that there must be a competitive bid process. Alderman Aiken’s rock-wall construction company bid the lowest and will contract with the City to repair a failing rockwall. PHOTO BY MINDY LEARY[/caption]

Mayor Jeremy Fey called the Central City Council regular meeting to order at 7:23 p.m. on Tuesday, May 16, 2023. In attendance were Mayor Jeremy Fey, Alderman Jeff Aiken, Alderman Marcia Enloe, Alderman Todd Williams, and Mayor Pro-tem Kara Tinucci. Staff present included City Manager Daniel R. Miera, City Attorney Marcus McCaskin, City Clerk Reba Bechtel, Utility Director Jack Beard, and Community Development Director Lisa Roemhildt.

A motion was made to add to the action items a potential contract with Jeff Aiken to build a rock wall. Aiken will recuse himself from voting on this matter.

The Consent Agenda included Resolution No. 23-19, a resolution of the City Council recommending the approval or conditional approval of the special event application for Great Central City Beer Festival scheduled for Saturday, August 26, 2023, and authorizing the temporary closure of Main Street during the event.

Additionally, the Consent Agenda included the Historic Preservation Rock Wall Reimbursement Grant Program Application for 217 Pine Street and the Historic Preservation Paint Reimbursement Grant Program Application for 125 Casey Avenue.

A motion was made to approve the Consent Agenda. The motion was approved. Tinucci abstained.

The first item of new business was a request through the Central City Promise Program from Sarah Lovett for a scholarship to attend college in the amount of $5,000. All were in favor.

Next, the board discussed Resolution No. 23-18, a resolution awarding a bid for the 2023 Central City Striping Project and authorizing the City Manager to execute a Services Agreement with AFD Pavement Marking, LLC.

Aiken moved to approve the resolution. Tinucci seconded and all were in favor.

Roemhildt approached the stand and discussed Ordinance No. 23-04, an ordinance of the City Council amending Articles VII and IX of Chapter 6 of the Municipal Code concerning medical and retail marijuana products manufacturer licenses.

The ordinance would amend the code by allowing concentrate and edible manufacturers to apply for licensing with one major caveat: no heat can be combined with flammable liquids or gases. The City previously and currently prohibited these licenses because of safety concerns surrounding solvent-based extraction processes, but it recognizes that now there are safer ways, like water-based extraction, to manufacture retail and medical marijuana products.

Aiken made a motion to approve the ordinance. Williams seconded and all were in favor.

Roemhildt remained on the stand to discuss the next agenda item, Ordinance No. 23-05, which related to the preceding item in that it would amend Chapter 16 of the Central Municipal Code relating to Medical and Retail Marijuana Products Manufacturers.

This is the first reading of the ordinance and the second hearing will be on Tuesday, June 6. Earlier in the year, on February 7, the City Council discussed licensing and zoning, according to Roemhildt, and manufacturers will have limited use concerning the extraction process. These ordinances, if approved, will lift the previous prohibition of the manufacture of marijuana products in the city limits, and manufacturers will be able to obtain wholesale concentrates to manufacture products like edibles.

The limitation on land uses will be removed to encourage market forces to dictate marijuana uses instead of land use regulations. The amendment would allow limited use of the downtown gaming district, the Gregory Gulch gaming district, and the industrial zoning district.

Williams moved to approve the ordinance on first reading and to schedule the second reading of Ordinance No. 23-05 for June 6. Enloe seconded and all were in favor.

McCaskin then discussed Ordinance No. 23-06, an ordinance of the City Council authorizing conveyance of property owned by the City to the Albert and Mary Frei Irrevocable Trust dated June 29, 1995, in accordance with requirements of the roadway agreement dated May 29, 2003.

To summarize, the 2003 contract to build Central City Parkway requires reconveying any unneeded property back to the original owners. The parcel in question is ten acres. Boundaries and easements will soon be determined.

Tinucci moved to approve the ordinance, Enloe seconded, and all were in favor. There will be a second reading on June 6.

Miera then introduced Resolution No. 23-20, a resolution of the City Council conditionally approving a parkway access permit for the Young Ranch Resource Quarry Project. This resolution ratifies the City Manager’s conditional approval specifically for the construction of an overpass and off ramp for the annexation agreement.

The project permit was approved in 2022 and construction plans for the access point have been accepted by the City Engineer, which includes drainage and geotechnical reports. The applicant will pay for all improvements.

Aiken moved to approve the resolution, Williams seconded, and all were in favor.

For the last, amended, addition to the agenda, Aiken recused himself from the discussion since his rockwall business is involved in the vote.

The rockwall between James and 4th High Street is in need of repair and Miera obtained two bids, one for $22,000 and one for $65,000 to fix it. The recent rains have encouraged the City to accelerate the process.

The City’s responsibility is to meet the need for this specialized service while also following the Code of Ethics concerning council members and public contracts. There must be a competitive process of bidding. Aiken’s bid came in lower.

Miera asked the council to move forward with the contract according to the code of ethics. The contract would be brought back to council for ratification and public disclosure. Fey cited as reasons why the council might choose Aiken’s bid for the project that his company offered the lower bid, he has many years experience, and he works in close proximity to the project.

Tinucci asked if this expense is accounted for in the budget, and Miera responded that there is $50,000 in the capital improvement fund for this kind of project.

Tinucci moved to authorize the City Manager to approve the agreement with council member Aiken for the repair of the 4th High rock wall. All were in favor.

At 8:24 p.m. Fey adjourned the meeting.

The next Central City Council meeting is scheduled for 7 p.m. on June 6, 2023, at Central City Hall, 141 Nevada Street, second floor; or online via Zoom. Information can be found on the City website, centralcity.colorado.gov/ meetings.